Senior MP calls on NHS not to prosecute whistleblower over gagging order

A senior MP today called on the Department of Health to ensure that no action
is taken by an NHS trust against a hospital manager who broke a gagging
order to speak out about concerns over patient safety.

The former chief executive of United Lincolnshire Hospitals Trust, Gary Walker, yesterday broke his silence to allege that he was forced out of his job in 2010 because he put patient safety ahead of Whitehall targets.

The trust is one of 14 being investigated by health chiefs over high mortality rates in the wake of the public inquiry report into serious failures at Mid Staffordshire NHS Foundation Trust.

Mr Walker has received a lawyer's letter threatening potentially financially crippling legal action for breaching the terms of the package - reported to be worth £500,000 - agreed in settlement of his unfair dismissal claim.

In an email obtained by BBC Radio 4's Today programme, the trust's solicitors DAC Beachcroft told Mr Walker: "Should you breach the term relating to confidentiality, you will immediately repay to the trust on demand all sums paid under this agreement in full and you agree that we may recover the compensation sum from you as a debt, together with our reasonable costs, including reasonable fees in doing so. You hereby indemnify the trust for any losses suffered as a result thereof."

The message made clear that the gagging order covered not only Mr Walker but also his family and witnesses to his unfair dismissal claim, and told him to withdraw any statements he might have made in an interview with Today, broadcast yesterday.

He was told that if he had already recorded an interview, he should "inform the Today programme that you no longer wish to participate and would wish to withdraw the statements you have made".

The chairman of the House of Commons Health Committee Stephen Dorrell last night wrote to Health Secretary Jeremy Hunt, urging him to stop the trust from taking any action which would prevent Mr Walker giving evidence to the committee about the reasons for his dismissal.

Former health secretary Mr Dorrell today said it was not "legitimate" for gagging clauses to be used to shut down discussion of issues of patient safety. He called on Mr Hunt to follow the recommendation of the Francis Report into the Mid-Staffordshire scandal for a ban on the use of the orders to prevent whistle-blowing.

"The key question for the Secretary of State now is whether he is prepared to precipitate the kind of culture change which Robert Francis said is core to improving the culture in the NHS," Mr Dorrell told Today.

Mr Dorrell said he accepted that confidentiality agreements were often required as part of agreements on the termination of employment.

But he added: "Where there is a legitimate public concern, in particular about patient safety issues, these are not legitimate issues to be covered by confidentiality agreements."

Asked whether Mr Hunt should take on trusts over the issue of gagging clauses, Mr Dorrell replied: "Absolutely. One of the things that are wrong about the culture is that we have a debate in the Today programme studio about something that ought to be routine business in the management of every public health provider. We are talking about how public money is spent and how patient safety is safeguarded."

In his letter to the Health Secretary, Mr Dorrell said: "The committee intends to write to Mr Walker to invite him to set out in detail the nature of the concerns which lay behind the breakdown of his relationship with the Lincolnshire trust.

"Before doing so, however, I would be grateful if you would confirm that neither the trust nor any other NHS body will seek to enforce any clause in Mr Walker's compromise agreement which would impinge on his capacity to respond fully to the committee's request."

Mr Walker yesterday claimed that NHS chief executive Sir David Nicholson ignored him when he raised concerns about patient safety in 2009. He told the Daily Mail that Sir David was "not interested in patient safety" and called on him to resign.

Sir David has said he is "not ashamed" of being in his job following the publication of the Francis Report highlighting the "appalling and unnecessary suffering" of hundreds of patients at Mid Staffordshire between 2005 and 2009.

Mr Walker was sacked in 2010 for gross professional misconduct over alleged swearing at a meeting.

He claims he was forced to quit for refusing to meet Whitehall targets for non-emergency patients when the trust came under pressure because of soaring demand for beds for emergency patients. He said he accepted a so-called "supergag", which prevented him even from revealing the existence of the agreement, in order to protect his family.

East Midlands Strategic Health Authority said it "utterly refuted" Mr Walker's claims and acted at all times "in the interest of patients".